The July Batch (so far) from the Superior Court

The Superior Court has issued seven precedential opinions this month.  Straying from my usual summaries, I intend only to provide the holdings and other pertinent points and, of course, my commentary when I believe it necessary.  This will then get this blog up to speed.  But that said, given the time involved with these posts, from here on out it’s … Read More

Withdrawal of Guilty Pleas, Double Jeopardy, and DUI Sentencing

Comm. v. Davis, 2018 PA Super 180 (June 22, 2018) Out of Lehigh County. This case is about an attempt to withdraw a guilty plea made under a plea agreement for a sentence not to exceed 38 months incarceration.  The underlying charges were for possession with intent to deliver (PWID) among other things. The appellant, Davis, appeared on the day … Read More

Confidential Informants, Prosecutorial Misconduct, and Traffic Stops (some aided by the “Find My iPhone” App)

Comm. v. Koonce, 2018 PA Super 169 (June 15, 2018) Out of Montgomery County.  Koonce was convicted following a stipulated non-jury trial of possession with intent to deliver.  Pre-trial he filed a motions to suppress evidence and to produce a confidential information used to build the case against him.  The trial court denied these motions.  He was subsequently convicted. Really … Read More